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ICANN Board Postpones Final Dot-XXX Decision

Resolution passed today nonetheless states the Board's 'intends' to enter into an agreement with ICM Registry following further consultation with GAC

ICANN Board Postpones Final Dot-XXX Decision

CARTAGENA, Colombia—The ICANN Board today voted to postpone a final decision on the ICM application to run a dot-XXX sponsored top-level domain until after it has conducted further consultation with GAC. The consultations will take place in February following the creation by the ICANN staff of a draft process for a consultion process with GAC, which will then be submitted to the Board for final comments and approval.

GAC is the acronym for the Government Advisory Committee, which is comprised of representatives from countries around the world.

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The resolution voted upon Friday morning during the Board's final public meeting of the Cartagena conference did say the board "intends" to approve the application, but it remains to be seen whether GAC objections will be successfully addressed during the February meeting.

The resolution passed by the Board today was, as follows:

WHEREAS ON 24 AUGUST 2010, ICANN POSTED FOR PUBLIC COMMENT A REVISED PROPOSED REGISTRY AGREEMENT SUBMITTED BY ICM REGISTRY FOLLOWING NEGOTIATIONS WITH ICANN STAFF, ALONG WITH DUE DILIGENCE DOCUMENTATION SUBMITTED BY ICM REGISTRY.

WHEREAS ON 28 OCTOBER 2010, THE BOARD RECEIVED THE SUMMARY AND ANALYSIS OF THE PUBLIC COMMENT AND NOTED THAT ENTERING INTO THE PROPOSED REGISTRY AGREEMENT WITH ICM MAY NOT BE CONSISTENT WITH SOME OF THE BROADER-REACHING COMMUNICATIONS FROM THE GAC, AND THE GAC AND THE BOARD COULD BENEFIT FROM CONSULTATION.

WHEREAS, THE BOARD PASSED THE FOLLOWING RESOLUTION ON 28 OCTOBER 2010: RESOLVED, THE BOARD CHAIR SHALL ENGAGE THE GAC CHAIR ON DEVELOPING A PROCESS FOR CONSULTATION WITH THE GAC ON ITS ADVICE ABOUT THE ICM APPLICATION. THIS IS FROM THE 28th OCTOBER.

WHEREAS, DURING THE ICANN MEETING IN CARTAGENA, THE BOARD CHAIR AND GAC CHAIR MET TWICE, AND THERE WAS AN ADDITIONAL MEETING BETWEEN MEMBERS OF THE BOARD AND GAC TO DISCUSS POTENTIAL PROCESS STEPS, CREATION OF A PROCESS CONSISTENT WITH THE ICANN BYLAWS, AND OTHER MATTERS RELATE TO GO ISSUES OF POTENTIAL CONFLICT.

RESOLVED, ICANN BOARD HEREBY DETERMINES THAT IT INTENDS TO ENTER INTO A REGISTRY AGREEMENT WITH ICM REGISTRY FOR THE DOT XXX SPONSORED TLD SUBJECT TO GAC CONSULTATION AND ADVICE, AND HEREBY INVOKES THE CONSULTATION AS PROVIDED FOR IN ICANN BYLAWS, SECTION ARTICLE XI, SECTION 2, PARAGRAPH 1.
RESOLVED, STAFF IS DIRECTED TO PREPARE WITHIN FIVE WORKING DAYS A DRAFT PROCESS FOR CONSULTING WITH THE GAC WHEN NECESSARY PURSUANT TO ICANN BYLAWS SECTION ARTICLE XI, SECTION 2

THE PROCESS IS TO BE PROVIDED TO THE BOARD FOR COMMENT AND THE BOARD EXECUTIVE COMMITTEE SHALL APPROVE AS SOON AS PRACTICABLE.

ONCE APPROVED, THE PROCESS WILL BE FORWARDED TO THE GAC IN ORDER TO HAVE AN AGREED PROCESS FOR USE IN CONSULTATIONS WITH THE GAC IN FEBRUARY 2011.

RESOLVED, IN RESPONSE TO THE REFERENCE IN THE GAC’S CARTAGENA COMMUNIQUÉ REGARDING THE BOARD’S RATIONALE FOR SELECTING THE ITEMS THAT ICANN DETERMINED MIGHT BE IN CONFLICT WITH POTENTIAL GAC ADVICE, THE BOARD INDICATES THAT IT AGREES WITH THE STAFF’S ASSESSMENT OF THE CONFLICTS WITH POTENTIAL GAC ADVICE RELATE TO GO THE ICM APPLICATION, AND DIRECTS STAFF TO COMMUNICATE THE BOARD’S DETERMINATION TO THE GAC.

RESOLVED, THE BOARD DIRECTS STAFF TO COMMUNICATE WITH THE GAC ON ADDITIONAL INFORMATION THAT MIGHT BE SUPPLIED TO THE GAC AS INDICATED IN THE GAC’S CARTAGENA COMMUNIQUÉ

More information on this development will be provided as it becomes available.






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ICANN
Tom Hymes

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